Employment, Immigration and Pensions Update - August 2017

Employment, Immigration and Pensions Update - August 2017

A monthly update from the Employment, Immigration & Pensions team, containing news about recent and topical developments in employment, immigration and pensions law.


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  1. Whistleblowing: Court of Appeal considers the public interest test

    In the recent case of Chesterton Global Ltd and another v Nurmohamed and another , the Court of Appeal considered the extent of the public interest test in the context of whistleblowing claims. This case confirms that the concept of public interest should... Read more
  2. Voluntary overtime included in holiday pay

    The Employment Appeal Tribunal in Dudley Metropolitan Borough Council v Willetts has recently held that voluntary overtime pay should be taken into account when calculating holiday pay for 4 weeks of a worker's holiday. Background The EU Working... Read more
  3. Employer pension contributions included in a week's pay

    In the recent case of University of Sunderland v Drossou, the Employment Appeal Tribunal has held that employer pension contributions should be included in the calculation of a week’s pay under the Employment Rights Act 1996 (“the ERA”).... Read more
  4. Equality of survivor's pensions for same-sex partners confirmed

    The Supreme Court has recently ruled that survivor’s pensions, available under many occupational defined benefit pension schemes, should be available to same-sex surviving spouses and civil partners without limiting the pension to a scheme... Read more
  5. Employment tribunal fees unlawful

    Employment Tribunal fees have been declared unlawful and indirectly discriminatory by the Supreme Court in the case of R (Unison) v Lord Chancellor . Employment Tribunal fees are therefore no longer payable and the government has committed to reimbursing... Read more
  6. Tribunal rules Addison Lee cycle courier was a worker

    There has recently been another defeat for employers in the gig economy who are seeking to classify those working for them as independent contractors instead of workers. The London Central Employment Tribunal has recently ruled that a former cycle courier... Read more
  7. Are documents generated in internal investigations privileged?

    The question of legal professional privilege has been considered again by the Court, which has maintained its narrow scope and has approved the approach taken most recently on the topic as part of The RBS Rights Issue Litigation. In the case of Serious... Read more

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